Valid from 30/04/2007
Other unlawful actsE+W+S
53Discriminatory practicesE+W+S
(1)It is unlawful for a person to operate a practice which would be likely to result in unlawful discrimination if applied to persons of any religion or belief.
(2)It is unlawful for a person to adopt or maintain a practice or arrangement in accordance with which in certain circumstances a practice would be operated in contravention of subsection (1).
(3)In this section “unlawful discrimination” means discrimination which is unlawful by virtue of any of sections 46 to 52.
(4)Proceedings in respect of a contravention of this section may be brought only—
(a)by the Commission for Equality and Human Rights, and
(b)in accordance with sections 20 to 24.
54Discriminatory advertisementsE+W+S
(1)It is unlawful to publish an advertisement, or to cause an advertisement to be published, if it indicates (expressly or impliedly) an intention by any person to discriminate unlawfully.
(2)In subsection (1) the reference to unlawful discrimination is a reference to discrimination which is unlawful by virtue of any of sections 46 to 52.
(3)Proceedings in respect of a contravention of subsection (1) may be brought only—
(a)by the Commission for Equality and Human Rights, and
(b)in accordance with section 25.
(4)A person who publishes an advertisement shall not be liable in proceedings under that section in respect of the publication of the advertisement if he proves that—
(a)he published in reliance on a statement, made by a person causing the advertisement to be published, that subsection (1) would not apply, and
(b)that it was reasonable to rely on that statement.
(5)A person commits an offence if he knowingly or recklessly makes a false statement of the kind mentioned in subsection (4)(a).
(6)A person guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
55Instructing or causing discriminationE+W+S
(1)It is unlawful for a person to instruct another to unlawfully discriminate.
(2)It is unlawful for a person to cause or attempt to cause another to unlawfully discriminate.
(3)It is unlawful for a person to induce or attempt to induce another to unlawfully discriminate.
(4)For the purposes of subsection (3) inducement may be direct or indirect.
(5)In this section a reference to unlawful discrimination is a reference to discrimination which is unlawful by virtue of any of sections 46 to 52.
(6)Proceedings in respect of a contravention of this section may be brought only—
(a)by the Commission for Equality and Human Rights, and
(b)in accordance with section 25.